LIE DETWCTION (POLYGRAPHY)

COMPILED NOTES IN POLYGRAPHY LESSON 1 INTRODUCTION Polygraph is an instrument or device capable of recording changes in blood pressure, pulse, respiration and skin resistance in the physiological phenomena that may be used as bases for the application of a reliable technique of diagnosing truth of deception. It was derived from the two Greek words poly which means “many or having several” and graph which means “writings.” Hence, literally, polygraph means many writings. Polygraphy (sometimes called scientific truth verification) refers to the scientific method of detecting deception with the use of the polygraph. It is administered by a trained polygraphist, lie detector specialist (LDS), forensic psychophysiologist (FP) or polygraph examiner (PE) by asking questions to the subject relevant to the case under investigation. The polygraph is commonly called as lie detector; polygraph machine, deceptograph and truth verifier. A. THE SEARCH FOR TRUTH For as long as there are liars and deceitful persons, people will constantly find ways to detect lies and discover the truth. Various methods have been developed using science and technology to determine if people are telling the truth. Such fields include physiology, psychology, psychiatry, chemistry, pharmacology, physics, engineering, electronics, and computer science. Although scientifically based, most of these methods are not yet fully recognized by the courts as legal means of proving the truth. In fact, most information developed using scientific lie detection methods are not admissible evidences in court despite their expediency in criminal investigation. Why do people seek truth? 1. In decision making process, success primarily depends on true information (simply known as the truth). Decision makers must posses the ability to evaluate the veracity of information that they are using in their decision. 2. The knowledge of truth is the fundamental requirement in administering justice. 3. In crime detection, the task of determining the truth initially lies on the hands of field investigators. Sometime in 1893, Dr. Hans Gross, an Austrian magistrate (judge) regarded as the earliest advocate of criminal investigation as a science, published his book entitled Criminal Investigation. In his book, Gross defined search for truth as “the basis and goal of all criminal investigations.” (Weston and Wells, 1990) In his earlier book System der Kriminalistiks, Gross emphasized that a large part of the criminalist’s work involves battle against lies. The criminalist has to discover the truth and must fight the opposite , which is lies and deceit. The criminalist encounters the opposite at every step of his investigation (Trovillo, 1939) B. METHODS OF DETECTING DECEPTION Searching the truth and detecting lies has been a constant effort way back before the first scientific instrument for lie detection was invented. In attempting to discover lies and deceit, primitive people developed methods that are founded with magic and mysticism. Since early people believed that their gods send them messages through fire and water, they used these things as means to know the truth. This procedure is commonly called as TRIAL BY ORDEAL. In some situations, faith in mysticism surprisingly let innocent people go unharmed while guilty ones die or get seriously injured during their ordeal. (Trovillo, 1939). Some primitive lie detection methods were customs based on physiological principles. Oriental people, for example, determine who are saying the truth and who are saying lies by requiring suspected offenders to chew dry rice. While this was a simple task for innocent suspects, those who were lying had difficulty in chewing. This practice cling into the belief that fear inhibit the digestive process, including salivation. Thus, deceptive suspects have difficulty in chewing rice and spitting out crushed wet rice because of fear. Fear that their lies will be discovered prevents the production of their saliva. (Trovillo, 1939). 1

COMPILED NOTES IN POLYGRAPHY There are various methods of detecting lies and deceits. Lie detection methods available today maybe grouped in four ways (Llamas Jr., 2002). It includes the following: 1. Cross-checking the information with: testimonies; physical evidence; or any other existing information. 2. Psychological method – evaluation of the emotional, behavioral and cognitive reactions of a person. 3. Interrogation and testing the credibility of a suspect’s statements using the polygraph machine. Dr. Pedro Solis (1993), in his book Legal Medicine provided a more elaborated classification of lie detection methods available today. 1. Methods involving the use of scientific devices that record psychophysiological response: a. Word Association Technique (WAT) b. Psychological Stress Evaluation c. Polygraph Method (or Polygraphy) 2. Methods involving the use of substances that “inhibit the inhibitor” a. Administration of “truth serum” b. Narcoanalysis or Narcosynthesis c. Intoxication with alcohol 3. Hypnosis 4. Scientific Observation 5. Scientific Interrogation However, there are new sophisticated techniques of detecting deception not mentioned by Solis to include the following: 1. Computerized Voice Stress Analysis 2. Brain Scanning 3. Iris Analysis As scientific lie detection methods are usually applied to resolve legal matters, the field of lie detection is now included a one area of forensic science. Forensic lie detection is better known in the academe as FORENSIC PSYCHOPHYSIOLOGY. The most popular field of forensic psychophysiology is the polygraph method. According to Dr. William J. Yankee from the Department of Defense Polygraph Institute (DoDPI) in the United States, polygraph examination is one of the most complex psychophysiological examinations ever developed. (Matte 1996) In advance countries, the following are preferred descriptions of lie detection through polygraph examination. 1. Psychophysiological veracity examination (PVE) 2. Psychophysiological detection of deception (PDD) 3. Psychophysiological credibility assessment (PCA)

LESSON 2 HISTORICAL BACKGROUND A. DEVELOPMENT OF CARDIO-SPHYMOGRAPH 1. Cesare Lombroso (1895) an Italian criminologist who used the “hydrosphymograph” in the experiment he had conducted on actual criminal suspects whose truthfulness or deception he sought to determine on the basis on the presence or absence of blood pressure-pulse changes when the suspects were questioned about the offense under investigation. This instrument however, is generally intended for medical purposes not in the process of detecting lies or deception or the truthfulness of the subject person. But later he was accorded the distinction of being the first person to utilize an instrument for the purpose of detecting lies. 2

COMPILED NOTES IN POLYGRAPHY

2. Angelo Mosso (1895) an Italian Physiologist who was influenced by Lombroso, pursued his studies of emotion and fear and its influence on the heart and respiration with an instrument for measuring blood pressure and pulse change called “plethysmograph’ invented by Francis Franke, which reveals periodic undulations in blood pressure caused by respiration cycle. 3. William Moulton Marston (1915) an American Scientist who used an ordinary “Sphygmomanometer” by means of which he obtained periodic, discontinuous blood pressure reading during the course of a test. He also recorded the respiration and noted the time the subjects’ verbal responses. He also experimented with the galvanometer to record skin resistance changes and gripping devices to record tension. He uses the word association test. He is considered the father of modern polygraphy. 4. John A. Larson (1921) an American Psychologist who constructed an instrument capable on continuously recording all the three phenomena – blood pressure, pulse and respiration – during the entire period of the test. The instrument designed by Larson not only have recording pen for cardiosphymograph, pneumograph and galvanograph but also it has the muscular movement pen for arms and thighs. 5. Leonarde A. Keeler (1926) is an American Psychologist who constructed a more satisfactory instrument than the one used by Larson. Later on, Keeler made additional changes in the instrument, and at the time of his death in 1949 the “Keeler Polygraph” included, in addition to units for recordings blood pressurepulse and respiration changes, a galvanometer for recording what is known as the Galvanic Skin Reflex (GSR) or electrodermal responses. He also introduced the card test and the peak of tension test. B. DEVELOPMENT OF THE PNEUMOGRAPH 1. Vittorio Benussi (1914) is an Italian Psychologist who published an account of his research on respiration changes as symptoms of deception. In test cases, he measured recorded respiratory tracings and found that if the length on inspiration were divided by the length of expiration the ratio was greater before telling the truth than afterwards and greater after lying than before lying. In summary, he detected deception with a pneumograph that graphically measures the inhalation and exhalation. He also demonstrated the changes in respiration-expiation ratio during deception. 2. Harold E. Burtt (1918) improvised and conformingly utilized the techniques of Benussi. Accordingly, he considered this method ( the measuring of the recorded respiratory tracing) to be loss diagnostic value than blood pressure techniques. He then determines that respiratory changes were indications of deception. He found out that changes in systolic blood pressure were of greater value in determining deception than in changes in respiration. C. DEVELOPMENT OF GALVANOGRAPH 1. Luigi Galvani (1791) is an Italian physiologist who was accorded the distinction for developing the galvanic skin reflex (GSR) or the galvanometer, which records electrical bodily resistance in terms of ohms, the lowest current ever recorded. 2. Sticker (1879) is responsible in discovering the amazing possibility of Electrodermal response in discovering emotions. He claimed that a person has no control as to their response. He is the inventor of the first lie detector using Electrodermal responses. 3. S. Veraguth (1907) is the first one to use the term “psychogalvanic skin reflex.” He believed that the electrical phenomenon is due to the activity of sweat glands.

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COMPILED NOTES IN POLYGRAPHY D. DEVELOPMENT OF QUESTIONING TECHNIQUE 1. Leonarde A. Keeler (1942) developed the “relevant-irrelevant tests.” The theory of this test is that guilty reacts only to relevant questions and innocent shows no reactions. 2. John E. Reid (1945) an American Lawyer/Polygraphist who developed the “reviewed control question” consisting of a known lie incorporated into relevantirrelevant test. The theory of the test is to stimulate the innocent subject, to identify the general nervous tension and guilt complex reactor and to improve contract between innocent and guilty subjects. He also discovered the “guilt complex test” administered to the overly responsive subject. 3. Cleve Backster (1960) conceived the psychological sit theory that forms the basis of his zone of comparison technique that provides constant monitoring of the subject’s reactivity and designed to disclose outside issue. This is known as the Backster Zone Comparison Test. E. EARLY PUBLICATIONS ON POLYGRAPH AND POLYGRAPHY 1. Daniel Defoe (1730) wrote an essay in 1730 suggesting that taking the pulse is practical and more humane method of identifying a liar rather than subjecting the subject to various mechanical attachments. 2. Max Wertheimer (1904) published a paper with Julius Klein entitled Psychologische Tatbestandsdiagnostik with subtitle “Ideas about experimental methods for the purpose of revealing the involvement of a person in a criminal act. 3. Gesta Romanorum (1906) published his book in 1906 which stated that during the Middle Ages, a nobleman tested the fidelity of his wife by taking her pulse. 4. James Mackenzie (1906) a famous heart specialist who said polygraph exists as early as 1906 but it is not being used to detect deception. He first described the instrument in an article entitled “The Ink Polygraph” which appeared in the British Medical Journal in 1908. 5. Vittorio Benussi (1913) presented a paper before the second meeting of the Italian Society for Psychology in Rome on the subject of his experiments regarding respiratory symptoms of lying. 6. Richard O. Archer (1953) is the first polygraphist to record simultaneously on regular basis the chest and abdominal breathing patterns. He was also the first on to record simultaneously two galvanic skin reflexes. 7. Richard I. Golden (1969) presented a paper during the Annual Seminar of American Polygraph Association at Houston, Texas regarding his experiments using existing control question twice. The first time truthfully and the second time will lie, for the purpose or requiring additional psycho-physiological data from the examinee by comparing his subjective truthful answer with a known lie to the same question. 8. Fred E. Inbau (1942). Wrote a book Lie Detection and Criminal Interrogation in 1942 that explained the peak of tension test in describing the methodology for the administration of a guilty knowledge test when the subject has not been informed of the essential details of the case such as the object stolen, the amount of money missing, or the implement used in the commission of the crime. F. OTHER PIONEERS IN THE DEVELOPMENT OF POLYGRAPHY 1. Anton Mesmer (1778) is the first one to introduce hypnotism as a method of detecting deception.

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COMPILED NOTES IN POLYGRAPHY 2. Francis Galton (1879) developed the much acclaimed psychological test known as the Word Association Test (WAT) whereby the patient is presented with group of words sufficiently separated in time to allow the patient to utter his first thought generated by each word. Dr. Carl Guztav Jung later developed the work and experiment of Galton. 3. Wilhelm Wundt (1879). He founded the first physiological laboratory in Leipig, Germany in 1879 that immediately attracted students all over the world 4. Fere (1888) is a French Scientist who discovered the electro-cement response in 1888 that causes the increase in the action of the heart and vital energy with human emotions. He asserted that human body has the ability to generate or store, discharge high voltage of static electricity. 5. Charles E. Cady (19th Century) recommended the use of chloroform to solve Lincoln’s assassination including the identification of the plotters. Based from his 3-year experience as army surgeon, he had observed rebel officers divulge important information while they were partly under the influence of choloform. 6. Arthur McDonald (1908) is the acquaintance of Cesare Lombroso who appeared before the US congressional hearing in 1908 proposing the creation of a federal laboratory to study criminals and suggested the use of an apparatus containing all of the elements of a modern polygraph. 7. Hugo Munterberg (1908). A German-Ameican psychologist and philosopher who introduced the forensic application of WAT in lie detection in US and further suggested possibilities in detecting deception by recording physiological changes. 8. Otto Lowenstein (1920) is a German psychiatrist who introduced an apparatus that has two pneumographs, which could record simultaneously the movement of each foot, each hand, and the head in all the three dimension: this instrument is huge, impractical and difficult to maintain in working order, but it was considered as true polygraph. 9. C.W. Darrow (1930). He devised a research on photo polygraph, (However, it did not last long) which records several responses simultaneously to include the following: a. Electrodermal response (skin) b. Blood Pressure c. Heart beat rate d. Time between verbal stimuli and verbal response e. Signal marks f. Involuntary tremors of one hand g. Breathing amplitude and frequency h. Voluntary movement of the hand 10. Akamatsu, Uchida & Togawa (1933) are Japanese psychologists who suggested the use of electrodermal activity (EDA) for the detection of deception because the conductance level was found to decrease during emotional changes. 11. Christian Ruckmick (1936) repudiated the term psychogalvanic skin reflex (GSR) because such reaction is not a reflex accordingly. He explained that the psychological nature of the so-called psychogalvanic reflex is not completely understood, thus he proposed the term electrodermal response. 12. Paul Wilhelm and Donald Burns (1951). They are Lie Detector Specialists from Michigan City in USA sometime in 1951. They invented an Electronic Psychometer using electrodermal responses as bases for lie detection. They are the ones who have proven that results of lie detection test is 95% accurate but with 5% margin of error.

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COMPILED NOTES IN POLYGRAPHY 13. Allen Bell (1972) is an American inventor who developed a device called Psychological Stress Evaluator (PSE). This instrument detects slight trembling in the voice, which may be interpreted to determine if person is telling the truth. 14. Alexander R. Luria (20th Century) is a Russian psychologist who modified the WAT that was introduced by Francis Galton so that it is suitable in the Russian setting. 15. Galilei Galileo devised a gadget called “Pulsilogium,” an instrument used to measure heartbeat frequency of the subject under lie detection test. 16. D’ Arsonval is a French Scientist who declared that electricity is generated by the body. He named it as External Friction. He asserted that sweat glands which the body at times store the electricity and other times, discharge them. 17. Walter G. Summers. He developed the pathometer which measured apparent change in skin resistance to electricity. He also used control questions which he called as emotional standards, carefully selected from the subject’s life in an attempt to evoke “intense psychogalvanic reactions” to surprise, anger, shame, or anxiety…” such as “ Are you living with your wife?” or “Were you ever arrested?” 18. E.P. Coffey. He is an FBI special agent who observed and conducted cases with Keeler and reported on the test methods used to solve a number of cases some of which involves banks. He was also regarded as the first FBI polygraphist and probably the first examiner in the US Federal Government. He established the first Federal polygraph research program. The first FBI use of polygraph in espionage was in 1938. Leon Turrou, an FBI agent was fired by FBI director Edgar Hoover for spoiling the case and letting too many German agents escape. Turrou subsequently wrote a book entitled Nazi Spies in America in which Hoover was never mentioned. 19. Thomas Hayes Jaycox. Conducted a “name test” which he described as a group of names of men who might have committed the crime to a suspect who gave little or no apparent response except to one name at which his blood pressure and respiration become abnormal. 20. Clarence D. Lee. He designed in 1938 the Berkeley Psychograph consisting of a chart drive or recording unit, a cardiograph or respiration unit, a cardiograph or pulse blood pressure unit and a stimulus signal unit 21. Ronald E. Decker. He is the head of the Army Polygraph School (APS) who introduced the modification of the Reid Polygraph Technique and called the General Question Test (MGQT). 22. Paul K. Minor. The Chief Polygraph Examiner of the FBI who modified in 1980 the R-1 technique to include control questions of measured relevance to the target issue but not designed to cause an arousal; this latest modification of the R-1 technique is known as the Modified Relevant Irrelevant (MRI) Technique. 23. James Allan Matte. He developed the Polygraph Quadri-Zone Comparison Technique (renamed in January 1995 as Quadri-Track Zone Comparison Technique (QTZCT).

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COMPILED NOTES IN POLYGRAPHY

LESSON 3 EARLY METHODS OF DETECTING DECEPTION Ordeal is a term of various meanings closely related to the medieval Latin “dei indicum” meaning “miraculous decisions” for ancient cases were decided through several tests usually on physical strength. Ancient method of trial in which the accused is exposed to physical danger which was supposed to be harmless if innocent. 2. Red Hot Iron Ordeal. This is the ordeal that is practiced in the hill tribe of Rajmal in North Bengal. The accused places his tongue to a hot iron nine times (9) unless burned sooner. Sometimes the accused also is made to carry the metal in his hands. If burned, the accused is put to death. 3. Ordeal by Balance. This is practiced in the Institute of Vishnu, India. This ordeal is makes use of a scale of balance wherein he accused and accuser shall be placed in both ends of the balance (seesaw like). The person to be adjudged lighter than the other shall be acquitted. On the other hand, the person to be adjudged guilty is the one heavier. 4. Ordeal by Boiling Water. This ordeal is used to point the thief in modern Africa. The subjects plunged their right arms into the boiling pot to the elbow and step to the other side of the fire. All are told to undergo the tests without murmuring. The one by the time has lost some or showed blisters would prove that he or she is the thief. 5. Ordeal by Rice Chewing. The ordeal is used to determine who is telling the truth or lying. This is practiced in India. It is formed with the kind of rice called “Sathee”, prepared with various incantations. The person on trial eats, with his face to the east and then spits upon a peaceful leaf. If the saliva is mixed with blood or the corner of his mouth swells or if he trembles, he is declared to be a liar. 6. Ordeal of the Red Water. This ordeal is used in Eastern Africa. The accused shall be required to fast for twelve hours. He shall e required to swallow small amount of cooked rice and be given emetic red water extracted from the Sassy Tree bark. If the accused emits or cough out the rice, he is adjudged guilty of the charge, otherwise the accused is innocent. 7. Trial by Combat. This ordeal orders a fight between the accuser and the accused. Whoever lost the fight will be adjudged guilty. The one who wins the fight at the same time wins the case. 8. Ordeal by Drinking Decoction. The ordeal that requires the accused to be given a decoction to drink by a priest. If the accused was harmless after drinking the decoction, then he is innocent but if he dies, he is guilty. This ordeal was practiced in: a. Nigeria b. Brahamic India c. India 9. Ordeal by Eating Corsnead. This ordeal is practiced in China and Alexandria, Egypt. The accused is given uncooked dry rice to swallow and afterwhich spit out the same. If the accused spits out the rice to be still dry, he is considered innocent. 10. Ordeal by the Eucharist. This ordeal is reserved for the clergy and administered with pomp and ceremony in the European Countries. The accused will be given any liquid food that may cause death to any person. If the accused is innocent, Angel Gabriel will descend from heaven and prevent the accused from swallowing the food given to him. 11. Ordeal of the Bier. This ordeal is applied to a mystery death of a person. The corpse will be brought on a bier of boughs after which the natives will ask the corpse he/she has been bewitched. If the victim died by witchcraft, the bier is supposed to know more and if the sorcerer who killed him is present, the corpse will touch him/her. This is practiced in countries of the continent of Australia and Europe. 7

COMPILED NOTES IN POLYGRAPHY 12. Ordeal by Heat and Fire. In this ordeal, the accused is compelled to walk in bare foot through the fire, if he remains unhurt then he is innocent. This ordeal was practiced in: a. East Germany b. Early Scandinavian Countries c. Early England 13. Ordeal by Boiling Oil or Water. The accused is forced to dip his hand into the boiling water or oil and ask to pick up stone in it. If the accused picked up the stone placed in the boiling oil/water unhurt, the accused is innocent, otherwise he is guilty. This is practiced in Asian Countries. 14. Ordeal by Using Red Hot Needle. This is the ordeal used to determine if the accused or any person is telling a lie or not. A red hot needle shall be drawn through the lips of the accused. The accused will not be hurt, or the accused’s lips will not be burned if he is innocent. If the accused suffered blisters and burns, he is construed to be guilty of the offense charged. This is practiced in Wanaka, East Africa. 15. Ordeal of the Tiger. This is the ordeal that makes use of a tiger to be set loose towards the accused and the accuser placed together. The one that spares or untouched by the tiger is considered innocent. If both were spared, further elimination will follow. This ordeal is practiced in Siam. 16. Ordeal by Combat. This is the ordeal that was vividly dramatized in the movie entitled “Ivanhoe” that was based from the novel of the same title that became the only legal ordeal that was practiced in England during the reign of Henry III. The accuser and accused shall convene a duel or fight where the winner shall be adjudged as innocent, the looser to be guilty of the charge. Those persons not proficient in weapons and those who could not afford to do so could hire champions in the field to do the fighting for them. 17. Ordeal of the Cross. The ordeal that lets the accuser and accused to stand with arms crossed on their breasts infront of atleast 3 designated adjudicator. The one who endures the longer is deemed to have told the truth. This is practiced in European Countries. 18. Ordeal by Waxen Shirt. The accused is dressed with cloth covered with wax and required to walk in barefoot over burning coals. If unhurt through the fire and the wax did not elt, the accuse is innocent, otherwise guilty. 19. Ordeal of the Donkey’s Tail. As a psychological theory, a donkey is placed in a room alone and it will be observed. If the donkey cried or made noise inside the room, a judgment of guilt in the commission of crimes is presumed. SELECTED COUNTRIES THAT PRACTICES ORDEALS A. BURMA OR MYANMAR. The most common ordeal that was practiced in this country is the ordeal by candle lighting. The accuser and accused are given each identical candle to be lighted at the same time. The person that holds the candle that burned first ahead is guilty or a liar. The candle that burned the longest determined which told the truth. B. BORNEO. This is the ordeal that utilizes two shell fishes to represent the accuser and accused. The two shell fishes shall be put in a plate and an irritating fluid was then be poured onto them. The shellfish that represents the litigant that moves first shall be adjudged to be innocent or the winner. C. GREECE. The ordeal by the use of axe is used to determine the guiltiest person. A suspended axe shall be spanned at the center of a group of suspects. When the axe stopped, whoever was in line with the blade is the one to be most guilty among the suspects as pointed out by the divine providence. D. NIGERIA. The common ordeal used in Nigeria is with the use of a cock’s feather. The priest utilizes a cock’s feather and pierces into the tongue of the accused. If the feather 8

COMPILED NOTES IN POLYGRAPHY passed through the tongue easily, the accused is deemed innocent. The other ordeal is with the use of a corrosive fluid. It will be poured into the eyes of the accused. If the accused was unharmed then he is innocent, if suffered bruises/blisters and injuries, the accused shall be deemed guilty. E. EUROPE AND EARLY USA (17TH CENTURY). Ordeal by water is the common ordeal used in these continents. This ordeal is used on those accused of witchcraft. The accused is bound on his hands and feet and put into the body of water. If the body of the accused sank, he is guilty to be punished to death by burning. If he is half-drawn or remains on the surface of the water, the accused is innocent. F. MADAGASCAR. Legal authorities practiced trial by Ordeal. The supposed criminal is made to drink a poisonous fruit juice called “tangena,” a small dose can be fatal. By managing the size of the dose, those who administer it can decide result.

However, in some books authored by well known writers and academicians, The Hereditary Sieve Method was mentioned by Sir Hans Gross his famous book in Criminal Investigation in which beans are to be thrown into a sieve (bigao in vernacular) as the name of each suspect is called. If the bean jumps out of the sieve, the owner of the name is innocent. If the bean remains in the sieve, the person named is the thief. The Ayur-Veda is a Hindu book of health and sciences that is believed to be the earliest reference of the ordeals or methods of detecting deception as adopted by several countries in the world specially Europe. It is also believed to be the basis in the creation of a polygraph machine.

LESSON 4 THE FOUNDATION OF POLYGRAPH TECHNIQUES 1. Theory and concept The polygraph technique uses the principle that the bodily functions of a person are influenced by his mental state. He physiological changes accompanying deception are capable of being recorded, measured and interpreted with reasonable certainty. Telling a lie is usually an emotional experienced. A conscious act of lying causes conflict in the mind of he examinee, which produces an emotion of fear of anxiety, manifested by fluctuations in pulse rate, blood pressure, breathing and perspiration. The physiologic fluctuation that come with the emotion are in nature automatic, self-regulating and beyond conscious control because they affect the functioning of the internal structures that prepare the body for emergency. They are mobilized for survival value. 2. Physiological Effector Mechanism/automatic Nervous system The autonomic nervous system is the main effector mechanism which the polygraph are concerned. The autonomic nervous system is the one responsible for regulating mechanism that corrects the slightest deviation of the blood, body temperature, levels of potassium, sodium, calcium magnesium and all the chemical substances that maintain the activity of all cell membranes are finely adjusted. This is found at the center of the brain and its central control is in the hypothalamus – a group of nerve cells of the brain that control the entire endocrine-hormonal system. All of our involuntary reflexes- those that we cannot control consciously such as our heart beat, pulse rate, increase and decrease in blood pressure and the expansion and constriction of arteries are governed by the autonomic nervous system. When one of our senses detects a threat to our well-being, it sends a signal to the autonomic nervous system, which activates its sympathetic division regardless whether the threat is physical or psychological. In polygraph testing, the receptor is the ear of the subject, which receives the threatening question or stimulus from the polygraphist. The stimulus is transmitted from 9

COMPILED NOTES IN POLYGRAPHY the ears via sensory neurons into the brain where the hypothalamus analyzes, evaluates and resolves that particular question. It makes a decision for the subjects as to whether it is threatening or not threatening situation. If affirmative, the hypothalamus immediately activates the sympathetic subdivision of the autonomic nervous system. When the sympathetic system is activated, it immediately prepares the body for fight or flight by the situation by causing the adrenal glands to secrete hormones known as epinephrine and norpinephrine, so that the blood will be distributed to those areas of the body where it is most needed to meet the emergency, such as the brain and the larger muscle group. The chemical norepinephrine causes the arterioles in certain parts of the body to constrict, thereby preventing blood from entering those areas where it is not immediately needed. Other obvious effect took place when the sympathetic system is activated, the hearts pump blood harder and faster, increasing blood pressure, pulse rate, and strength, thus furnishing more oxygenated blood to those areas of the body where it is vitally needed to meet the emergency, such as the brain when increased mental activity is demanded. The second division of the autonomic nervous system is the parasympathetic nervous system. It is functionally antagonistic to the sympathetic nervous system. Its role is to maintain he homeostasis of the body necessary for normal functioning. Therefore, it follows that whenever the sympathetic activates, the parasympathetic follows to re-establish the chemical balance of the body. 3. Tripod Foundation of Polygraph Technique a. Mechanical Leg Basis Premise The Polygraph machine is mechanically capable of making a graphic records containing reliable information regarding physiological changes. b. Physiological Leg Basis Premise Among the physiological changes that may be recorded and identified are those that automatically occur only following the stimulation of specific nervous system component and from which stimulation of those specific nervous system component can be reliably diagnosed. c. Psychological Leg Basis Premise Under this polygraph leg premise, the specific nervous system component whose stimulation can thus be diagnosed are so stimulated by the involuntary mental and emotional processes of he individual who is consciously attempting concealment of deception specially if that individual has something at stake and the prevailing circumstances lead to him to believe that exposure to detection is quite possible although undesirable. 4. Purpose of Polygraph Technique Polygraph examination is generally used as an investigative aid/technical aid in the investigative process. It is used to: a. Verify the statement of the victim/complainant. b. Established the credibility of the witnesses. c. Evaluates the truthfulness of the suspects. 5. Accuracy of Polygraph Results The accuracy of the polygraph results ranges from 85% to 100% depending upon the factors that affect it. 6. Factors that Affect the Accuracy of the Polygraph Results a. The instrument. b. The condition of the subject. c. The condition of the examination room. d. The qualification and skills of the examiner. 7. Objectives of Polygraph Examination

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COMPILED NOTES IN POLYGRAPHY The ultimate objective of Polygraph Examination is to obtain the Subject’s “ADMISSION or CONFESSION” of the offense committed. LESSON 5 THE INSTRUMENT The instrument used in Polygraph Examination is often called as “Polygraph or Polygraph Machine, Lie Detector, or Deceptograph” as earlier mentioned in the past chapters. Polygraph is defined as an instrument or device capable of producing recordings of physiological phenomena that may be used as the basis for the application of a reliable technique for diagnosing truth or deception. The machine itself does not detect lies or deception, it only records the physiological phenomena/changes that occur when the subjects tells a lie or deception. It is the Examiner who detects deception through the use of a lie detector or polygraph. The machine/instrument has four (4) major parts or components, these are; 1. Pneumograph – this occupy the two top/upper pens of the instrument which records the thoracic and abdominal breathing patterns of respiration. This is accomplished through the use of a pneumograph consisting of two hollow corrugated tubes about seven inches in length, each attached to a unit by a rubber hose no longer than six feet and no larger than one quarter inch in diameter. This breathing pneumo unit is a low pressure unit. The inhalation/exhalation of the subject causes the tubes to expand and contract, thereby reflecting the change through bellows to the pen into the chart. 2. Galvanograph – this is the longest and the third pen of the instrument. The electrodes are attached to the index finger and the ring finger of the left hand, or to the palmar and dorsal surfaces of the left hand. The electrodes used for obtaining the recording of the GSR or electrodermal responses, are fastened to the hand or fingers by means of the passage of an imperceptible amount of electrical current through the hand or fingers bearing the attached electrodes, a galvanometer unit provides recording of the variation in the flow of the electrical current. 3. Cardiosphymograph – this is the fourth and the bottom pen of the instrument. This cardio unit is a mechanically operated unit. It is a high pressure system. This system records changes in mean blood pressure, rate and strength of pulse beat by means of a medical blood pressure cuff containing a rubber bladder that is wrapped around the upper arm, in a manner that places the bladder against the brachial artery. The bladder is connected to the rubber hose, past a pressure indicating gauge to a very sensitive bellows and its connected lever system that powers the pen. The polygraphist inflates the bladder with a hand pump to a constant air pressure that will provide tracing amplitude of 0.75 to 1 inch with a dicrotic notch situated about the middle of the diastolic limb of the tracing. 4. Kymograph – this is the chart recording unit of the instrument. It has a synchronized motor that drives the chart at the rate of six inches per minute and its speed constant is vital because the vertical lines, which are spaced either at one-half or one inch interval, represents five or ten seconds interval on the chart. This provides the polygraphist with a means of determining pulse rate and question spacing. OTHER PARTS OF THE PLOYGRAPH 1. Pen lifter – it raises or lowers pens to 3 positions. 2. Program pacer – a programmable cueing device for question and answer spacing. 3. Paper tear bar – provides cutting edge for convenient removal of charts. 4. Foam Pen Hold-Down – keeps pens in place when instrument is being transported. 5. Attaché compartment – storage for all forms and supplies. Slightly smaller in Executive Ultra Scribe.

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COMPILED NOTES IN POLYGRAPHY 6. Accessory Storage & Optional Calibration Checking Fixture – slightly smaller in Executive Ultra Scribe. 7. Subject Connections – stylish grouping provides neat, professional appearance. Facilitates set-up and storage. 8. Mechanical Pneumo Module – recording part of mechanical Pneumo Channel. 9. Galvanic Skin Response Module – recording part of GSR channel. 10. Multi-function Module – selectable recording module that can be used as: a. Electronic pneumo channel b. Electronic cardio channel c. Cardio activity monitor d. Cardio tech or other accessories. 11. Mechanical cardio module – recording part of mechanical cardio module. 12. Paper storage compartment – holds two spare rolls of chart paper or other supplies. 13. AC power receptacle – power cords connects here; international standard design for easy cord replacement. 14. Power switch and circuit breaker – applies power to instrument. Built-in resettable circuit breaker protects instruments and eliminates need for fuses. To reset simply press OFF and then ON again. 15. Chart drive roller lever – lifts chart drive roller for paper change and chart removal. 16. Power analyzer – automatically indicates whether wall outlet is properly wired and grounded for proper instrument operation and subject safety. 17. Stimulus marker – marks significant events on the chart. 18. Sphygmomanometer Dial – reads operating pressure of cardio channels. 19. Pneumo 1 – pneumatic connection for upper (thoracic) pneumograph. Not connected in instrument with only one Pneumo Channel. 20. Pneumo 2 – pneumatic connection for lower (abdominal) pneumograph. 21. Cuff – pneumatic connection for Cardio Channel subject cuff tubing. 22. Pump – pneumatic connection for hand pump used to inflate subject cuff. 23. Mechanical cardio switch – disengages Mechanical cardio Module from pneumatic system for low pressure Electronic Operation. ATTACHMENT OF THE MAJOR COMPONENTS OF POLYGRAPH A polygraph is in fact several instruments combined to simultaneously record changes in blood pressure, pulse, respiration and skin resistance. The electrical conductivity of the skin’s surface can also be measured through the increasing sweat gland activity that reduces the skin’s ability to carry electrical current. The pneumograph tube is fastened around the subject’s torso and belly. The blood pressure cuff is placed on the right arm in such a way that the rubber bladder part should be located over the brachial artery. The electrodes or Galvanic Skin Reflex (GSR) is attached on the palm or index finger and ring finger of the left hand of the subject. Position the subject in a manner that he looks straight ahead with the instrument and the examiner to the right side or rear somewhat ahead of the kymograph or chart drive so that the polygraph tracings will not distract him. 12

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LESSON 6 THE EXAMINER Who are Polygraph Examiners? Today, some polygraph examiners refers to be called Forensic Psychophysiologist (FP) because only FP and the subject (examinee) are present in the examination room, his or her behavior greatly influences the results of the PVE. Although, polygraph examiners are referred to as polygraphists and lie detector specialists. The FP has several tasks in performing PVE: 1. 2. 3. 4. 5. 6. 7. 8.

Collecting facts of the case Formulating questions Setting up the interrogation room and the polygraph Profiling and preparing the subject being tested Asking questions Chart marking Chart probing Chart interpretation

There are many schools around USA that have been set up to train people to conduct polygraph examinations. One of these schools is the Axciton International Academy, which was started by Clarence D. Lee. The school is accredited by APA and certified by the American Association of Police Polygraphists (AAPP). Following the completion of these requirements, the student becomes a polygraphist and may obtain a license in his or her state requires one. There is no standardized test that all polygraph examiners must pass in order to practice. Basic to all that has been said with regards to the utilization and accuracy of the polygraph technique is the matter of the examiner qualifications and skills. An examiner must be an intelligent person, with reasonably good educational background – preferably college degree. He should have an intense interest in the work itself, a good practical understanding of human nature, and suitable personality traits which may be evident from his otherwise general ability to “get along” with people and to be well liked by his friends and associates. No amount of training or experienced will overcome the lack of these necessary qualifications. CHARACTERISTICS OF A GOOD EXAMINER/INTERROGATOR 1. Patience- there are times or instances that’s subject could be questioned for one day or more. Never interrogate a subject when you are in a hurry. Never race against time. 2. The interrogator must be master psychologist. He must be good reader of acts of men. 3. The interrogator must be friendly and avoid arrogance. Try to feel the subject that you are superior to him. You should be friendly to gain confidence. 4. Never bluff. Never deceive the subject. Never promise the subject anything that you can never fulfill. Be sincere to the subject. 5. He must be able to talk on all subjects under the sun, this is important in order to make the subject talk more of the case. 6. The examiner must be courteous and gentle at all times. This is important to gain the respect of the subject. 7. He must be resourceful. 13

COMPILED NOTES IN POLYGRAPHY 8. He must be firm. Must not be swayed by emotions of the subject. He must not cry when the subjects starts to cry or laugh. 9. Dress formally when interrogating a subject. Never interrogate a subject in a police uniform. 10. Use clean and understandable language. THE POLYGRAPH EXAMINER SHOULD KNOW THE FOLLOWING: 1. A complete physical description of the subject to determine the technique to be used (as for example the subject is deaf or blind). 2. The complete history of the subject. 3. Experience, training, and educational attainment of the subject (to make the subject talk to himself). 4. A brief synopsis of the case (fact of he case so the examiner can formulate the questioners). 5. Reason why the subject is to be interrogated. Attitude and Conduct of an Investigation of a suspect or witness, the interrogator must observe the following: 1. The interrogator should avoid creating an impression that he is an investigator seeking a confession or conviction. It is better for him to appear in the role of one who is merely seeking the truth. 2. Such realistic words or expressions as “kill” “steal”, “confess” your crime, etc. 3. The interrogator should sit fairly close to the subject and between the two; there would not be a table to other pieces furniture. 4. The interrogator should avoid facing about the room. To give undirected attention to the person being interrogated, make it as such that will be more difficult for him to evade detection of deception or conceals his guilt. 5. The interrogator should avoid or at least minimize smoking and should also refrain from fumbling with a pencil pen or other room accessories for all this tend to create an impression of lack of interest or confidence. 6. The interrogator should adopt his language to that used and understood by the subject himself. I dealing with an uneducated and ignorant, the interrogator should use simple words and sentences. 7. Since the interrogator should always occupy a fearless position with regards to his subject and to the condition and circumstances attending the interview, the subject should not be handcuff or shackled during his presence in the interrogation. The interrogator should face the subject as “man” and as man prisoner.

Is the result of PVE admissible as court evidence? In most cases, polygraph evidence is used during pre-trial investigation and preparations rather than during the actual trial. In the OJ Simpson civil trial, the result of a polygraph were admitted into evidence. This established a precedent across US allowing polygraph examinations in civil trials such as divorce cases. In the Philippine Setting, PVE using the polygraph is not fully developed. The following are the reasons why at this stage results of PVE are not admissible as evidence in the Philippine trial courts: a. Qualifications of the polygraph examiners are not standardized b. PVE using the polygraph is not standardized. c. No standard instrumentation. WHO USES POLYGRAPH MACHINES? 14

COMPILED NOTES IN POLYGRAPHY 1. In US, polygraph services are often used in government agencies such as: a. National Security Agency b. Intelligence Agencies (CIA, etc.) c. State Law Enforcement Agency d. Federal Law Enforcement Agencies (FBI) e. Local Law Enforcement Agencies (Police and Sheriff Department) 2. In the legal community, polygraph services are used by the: a. US Attorney Offices b. District Attorney Offices c. Public Defense Offices d. Parole and Probation Department e. Private Prosecutors 3. Polygraph services can also be used in the private sector such as the: a. Companies and Corporations within the bounds of the law (EPPA of 1988) b. Marital and family counselors to alleviate fears and prove innocence of spouse and family members c. Private citizens on matters not involving the legal or criminal justice.

LESSON 7 THE SUBJECT KINDS OF PEOPLE TO BE INTERROGATED A. Suspect - Offenders of society who are presumed to have committed the crime. B. Complainants - Are those persons who are offended by the suspects. C. Witnesses - A person who knows something about the crime. TYPES OF SUBJECT FOR LIE DETECTION OR INTERROGATION IN CRIMINAL CASES: I. SUBJECT WHOSE GUILT IS DEFINITE OR REASONABLE A. Emotional Offenders 1. Person who commit crimes in the heat of passion, anger or revenge [homicide injuries, etc.] 2. Persons whose offenses are accidental in nature like hit and run motorist. Emotional offenders have a feeling of remorse, mental anguish as a result of his act. HE is bothered by his conscience and has difficulty of resting or sleeping. Techniques for this kind of Subject a. b. c. d.

Display an air of confidence on the subjects guilt Pint out the circumstantial evidence indicative of guilt Call attention to the subjects psychological and physiological symptoms of guilt. Sympathize with the subject by telling him that anyone else under similar conditions or circumstances have committed similar offense. e. Reduce a subject feeling by minimizing the moral seriousness of the offense. f. Sympathize with the subject by condemning his victim or his accomplice, or anyone else whom some degree of responsibility might conceivably be placed for the commission of the crime in question. g. Express friendship in arguing with the subject to tell the truth by: 1. Extend external sympathy by such friendly gestures as a pat on the shoulder or knee, or by a grip of the hand 2. Tell the subject to tell the truth for the sake of his own conscience; or moral well-being, as well as because it is the only decent and honorable thing to do. 15

COMPILED NOTES IN POLYGRAPHY 3. Urge the subject to tell the truth for the sake of his own conscience; or moral well-being, as for the sake of everybody concerned, and also because it is the only decent and honorable thing to do. 4. Let the subject talk of his misfortune and troubles in general, listen and console as a very mush interested and understanding friend. h. Indicate to the subject, as a reason for telling the truth the possibility of exaggeration on the part of his accuser. I. Seek a general admission of guilt. First ask the subject a question as to some detail pertaining to the offense. B. Non-Emotional Offenders These are persons who commit crimes for financial gain, theft, robbery, killing for money, or more, particular persons who are repeaters. These offenders have no moral guilt not troubled by conscience. They do not wake up at night. His only concern is that will he be going to be caught. Techniques for non-emotional offenders: a. Point out the fertility of resistance b. Appeal to the subject’s prude by well-selected flattery, or by a challenge to his honor. c. Point out the subject the grave consequence and fertility of a continuation of his offensive behavior. d. When unsuccessful in obtaining a confession regarding the offense in question seek [for use a wedge-to crowd or compress] e. When co-offenders are being interrogated and the previously described techniques have been found to be ineffective “Play one against the other” [point out that among one of them has already admitted his guilt and implicit him in the offense] II. SUSPECT WHOSE GUILT IS DOUBTFUL OR UNCERTAIN Techniques in interrogating this kind of offenders 1. Create a situation [fishing technique question] 2. Detect the clues of deception 3. Try to determine what crimes these subject/person has committed. 4. Never agree or condemn the subject 5. Create in the subject at belief relationship. 6. Understand the subject’s point of view. 7. Confidence and belief relationship should come before empathy. 8. Have interest in personal problem of the subject. 9. Establish relationship. Never be little the subject. 10. There should be no criticism [never condemn the person or anybody else] 11. Feedback is intended to keep the subject talking. 12. Never criticize the subject. Types or kinds of subject for polygraph test 1. Subject whose guilt is definite or reasonably certain. a. Emotional Offender. 1. Person who commit crimes I the beat of passion. 2. Person whose offense is of accidental in nature. b. Non-emotional Offender 1. Person who commit crimes for financial gain. 2. Subject whose guilt is doubtful or uncertain. The (3) General Types of Subjects. 1. Victim or complainant 2. Witness 3. Suspect 16

COMPILED NOTES IN POLYGRAPHY NOTE: All Subjects must be in good physical and mental condition before he/she may be submitted for polygraph Examination. The following may not be submitted for Polygraph Test: 1. Person who has extreme nervousness. 2. Person who has physiological abnormalities such as high blood pressure/hypertension, heart disease, respiratory disorder, toothaches, severe headaches and practically any painful ailments. 3. Person with mental abnormality. 4. Unresponsive persons, such as person who suffer mental fatique or under the influenced of drugs or alcohol. KINDS OF SUBJECT IN POLYGRAPH EXAMINATION B. AS TO AGE 7-12 Years Old: Fantastic Stage of Subject 13-19 Years Old: Fantastic and Reality Stage of Subject o Association to gang/groups o Age of imitation and idolatry o Most juvenile delinquents are at this stage o Ego is developed 20-25 years old: Ego of the Subject Begins to Lessen o They realize that they are not that important persons o They begin to be adults o They become responsible o At this stage girls start to marry o They begin to be sociable 26-60 Years Old: They Can be the Best Witnesses o He begin to realize his place in the society o Materialistic o They are already matured o Temper begins to lessen 61 Years Old to Death o Begin to act like children o Memories are like children o Senses are already defective o They are not quite good witnesses o They need respect from others o They are irritable and sensitive o Become more religious o Preparation to death o Beginning to tell experiences of the pass TYPES OF LIAR A. PANIC LIAR. Is one who lies in order to avoid the consequences of confession for he believes that confession will just make the matter worst. The person is afraid of embarrassment to love ones and it is serious blow to his/her ego.. B. OCCUPATIONAL LIAR. Is someone who has lied for spare years. He is the kind of person which is called a practical liar and lies when it has higher “pay off” than telling the truth. C. TOURNAMENT LIAR. This is the type of liar where the person lies because it is the only weapon remaining to defend his side. This person realizes that he or she will probably be convicted but will not give anyone the satisfaction of hearing his 17

COMPILED NOTES IN POLYGRAPHY confessions. He wants that people will believe that the law punishes an innocent person. D. PSYCHOPATHIC LIAR. The type of liar that is considered the most difficult one for the person has no conscience and shows no regret for dishonest and no manifestation of guilt. E. ETHOLOGICAL LIAR. Is one who was taught not to be a squealer. This kind of liar is usually coming from the underworld gang in order for the member not to reveal any secret of their organization. F. PATHOLOGICAL LIAR. Refers to a person who cannot really distinguish right from wrong. Sometimes, other professional authors of book refers to an insane person or to a person whose mind is sick. G. BLACK LIAR. Is a person who always pretends. It also refers to those persons who keep on adding remarks to themselves. KINDS OF LIE 1. BENIGN OR WHITE LIE. The kind of lie that is used to maintain the harmony of friendship, relationship in the home and or office. 2. RED LIE. The kind of lie of a person that has something to do with communist propaganda that is against the government of the country. 3. MALICIOUS LIE. The kind of lie that has the purpose of misleading the justice in favor of himself or towards other persons. It is sometimes called chronic lie for it is done occasionally accompanied by plots and plans. OTHER TYPES OF LIE INCLUDES: 1. Direct Denial 2. Lie of Omission 3. Lie of fabrication 4. Lie of Minimization 5. Lie of Exaggeration SOME OF THE PHYSICAL SIGNS OF LYING ARE AS FOLLOWS: 1. Blushing (to blush to become red, as in the cheeks, from shame or confusion) 2. Twitching of the lips (short, sudden quick short spasmodic contraction of the fibers or muscles 3. Squinting of the eyes (looking obliquely) 4. Failure to look the inquirer “straight to the eye” 5. A peculiar monotone of the voice 6. A forced laugh 7. A counter inquiry saying “who me”? 8. Unnecessary request for repetition of question 9. Movement of the hands and feel exhibiting a state of uneasiness. a. Flight from interrogation room b. Fear of detection 10. Increased activity of the Adam’s apple and many reactions of similar nature. 11. Unusual perspiration /Excessive sweating 12. Dryness of the mouth 13. Rapid breathing 14. Unusual blood pressure 15. Fidgeting (restless motion) of the hands. 16. Stammering 17. Swearing before God that he did not commit a crime 18. Subjects refuses to answer questions 19. Subject is absent- minded 20. Pointing his guilt to somebody else. 21. Subject reference marks (i.e. “I’m honorable person how could I do that) 18

COMPILED NOTES IN POLYGRAPHY 22. Subject often ask permission by gong to a certain place like a comfort room. Etc. 23. Subject: reuses to answer the questions directly by offering alibis (i.e “Wait a minute why do you have to ask that question?” “How I answer that I was in Cavite at the time?”) 24. Not that I remember (question) expression. 25. Spotless past record religious man. The reason why some people are better liar than the other is that others are not very much disturbed over the telling of the lie. They are better and able to control their emotional disturbances produced by lying and thus avoid display of the outward indications exhibited by persons less fortified with these essential of successful lying. THE EXAMINATION ROOM The Polygraph Test must be conducted in a quiet, private semi-sound-proof room. Extraneous noises, such as the ringing of the telephone or the conversation of persons outside the examination room, or the presence of investigators or other spectators in the room itself, would induce disturbances and distractions that in turn would distort the various physiological recording and seriously interfere with a satisfactory polygraph diagnosis. It should be very conservative as to painted wall and furniture. It should contain no ornaments, pictures, or other objects which would in any way distract the attention of the person being examined. It should be properly ventilated with an even comfortable temperature. There should have an observation room adjoining with the examination room equipped with one-way. CHARACTERISTICS OF THE EXAMINATION ROOM 1. 2. 3. 4. 5. 6. 7. 8.

It must be semi-sound proof room. Free from extraneous noises. No other spectators allowed in the room. No conversation of persons outside the examination room. No ringing of telephones, pagers or cellular phones. The arresting officer should be kept out. It should contain no ornaments, picture or other objects. The subject should not face a glass window or another room during the test because of the possible destruction, which may affect test responses. 9. The lightning fixture of the room should be arranging in such a way to provide good but not excessive glaring illumination. 10. Should be adequately ventilated, with an even and comfortable temperature. 11. There should be an observation room or a one way mirror or the arrangement should be similar to a psychology laboratory. It should be concealed with an equipped microphone, camera, video cameras, so that outside the observation room can hear a well as see what occurs on the examination room.

LESSON 8 TEST PROCEDURE IN POLYGRAPH EXAMINATION When a mentally normal person tells a lie, physiological changes occur within his/her body that could be recorded by polygraph machine and evaluated by a polygraph examiner. WHAT TAKES PLACE DURING POLYGRAPH EXAMINATION? The nervous control of the human body includes the Central Nervous System (CNS)(the brain and the spinal cord) and the automatic or regulating nervous system that has two complimentary branches: the sympathetic and the parasympathetic nervous system acting opposite to each other. When a person is under the influence of physical exertion or emotional stimuli such as anger, excitement, fear, telling lie, etc. stimuli, the sympathetic will prevail and override the parasympathetic, therefore, there will be changes in the heart rate, pulse rate, blood pressure, respiratory tracing, psychogalvanic reflexes, time of 19

COMPILED NOTES IN POLYGRAPHY response to question, voice tracing, etc. The parasympathetic nervous system works to bring back things to normal when the conditions of stress have been removed. It is the prevailing branch when the situation is normal and the subject is calm, contented and relaxed. When the subject is asked a series of questions, the recording of the several psycho-physiological reaction and the scientific interpretations are the bases of the tests by the polygraph examiner. PURPOSES OF POLYGRAPH EXAMINATION The main purpose of the examination is to determine the truth or deception based on the presence of emotional disturbances of the subject a appearing on the recorded physiological responses to question relative to the case under investigation. USES OF POLYGRAPH EXAMINATION 1. It serves as investigative aid for the investigators to: a. confirm the statements of victims b. ascertain the credibility of witnesses c. asses the truthfulness of suspects. 2. It speeds up the process of investigation 3. It eliminates innocent subjects OBJECTIVES OF POLYGRAPH EXAMINATION 1. Determine if the subject is telling the truth by verifying statements and/or comparing conflicting statements. 2. Acquire additional investigative leads to the facts of an offense. 3. Locate fruits or tools of crime or whereabouts of wanted persons. 4. Identify the other persons involved. 5. Gain valuable information from unwilling subject. The reliability of polygraph examination depends on the examiner, but the employment of the polygraph has its limitations to include: 1. 2. 3. 4. 5.

It is an invaluable aid but not a substitute for investigation It does not determine facts; it records responses from the subject knows to be true It is not a lie detector; it is scientific diagnostic instrument It is as accurate as the examiner is competent The test should not be administered until enough facts of the case have been established to permit an examiner to prepare a complete set of suitable question. 6. A test should not be administered without the voluntary consent of the subject. 7. No indication will be given to any person or written in any report that a person is guilty because he refuses to take the test. 8. The test should not be administered until the accusation has been explained to the subject. 9. No attempt to use the polygraph for mental or physical evaluation of any person. 10. Examination should not be conducted to unfit subjects. LIMITATIONS OF THE SUBJECT TO UNDERGO POLYGRAPH EXAMINATION 1. 2. 3. 4. 5.

The subject must have a good night sleep atleast five (5) hours prior to the test. The subject must refrain from smoking for atleast two (2) hours prior to the test. The subject should not undergo prolonged interrogation prior to the test. The subject must not have been subjected to physical abuse or body contact. The subject must refrain from drinking alcoholic beverages or any drugs 12 hours before the test. 6. The subject must not be suffering from any temporary illnesses like headache, toothache, menstruation (female), colds, etc. 7. The subject should be physically fed. 8. The subject should not be engaged in sexual activities few hours before the test. Undergoing a lie detector test can be an intimidating experience that can challenge the nerves of even the most enduring person. You are sitting there with wires and tubes 20

COMPILED NOTES IN POLYGRAPHY attached to and wrapped aound your body. Even if you have nothing to hide, you could be afraid that the metal box instrument sitting next to you will say otherwise. Polygraph examination is long process that can be divided into several phases. HOW DOES THE PROCESS WORKS? 1. The examiner receives and reviews the facts of the case. 2. The examiner explains the test process to the subject and reviews the facts of the case during pre-test interview. 3. The examiner designs the specific questions and read each question to the subject to make sure each one is easily understood. 4. The polygraph instrument is attached on the subject’s body and he is given an additional instruction. 5. The questions are read to the subject several times while the polygraph sensors are attached on the subject’s body. 6. After charts (polygram) have been run, the examiner analyses the charts and develops a numerical score for the test. This score results in a conclusion of truthful, deceptive or inconclusive. 7. The examiner will transmit the test result to the client verbally and a written report maybe requested. NOTE: Polygraph examination is conducted in a private room with no other person permitted in the examination room during the test except if an interpreter is needed. PHASE I. INITIAL INTERVIEW WITH THE INVESTIGATOR HANDLING THE CASE It is essential to the examiner to obtain accurate information concerning all the available facts and circumstances that form the basis for the suspicion or accusation directed against the person to be examined in order to conduct a satisfactory polygraph examination. If the victim or other witnesses to an occurrence are available, they should be interviewed. Whenever several investigator have been working on the case, they should be interviewed, otherwise the examiner may obtain only garbled version of the facts of the case. For better polygraph examination purposes than more verbal description or even photographs, a crime scene sketch prepared by the investigator is preferred. Unless the examiner is fully informed about the case, he will not be in the position to conduct a sufficient pre-test interview with the subject. It is during this phase that the relevant, irrelevant, control and sometimes, guilt complex questions are formulated. It is also helpful to the examiner to know as much about the subject and his background as is available. Such information facilitates the pre-test interview as well as post test interrogation of a lying subject.

THIS PHASE INCLUDES: 1. Acquiring and evaluating the facts. 2. Determining the areas the subject needs to be asked. 3. The investigator must furnish the examiner the following: a. Sworn statement of the suspect, witness and victim/ complainant. b. Incident or spot report. c. Background investigation (BI) of suspects, witnesses, and victims/ complainants. d. Rough sketch or pictures of the crime scene and other facts such as:  specific article and exact amount of money stolen  peculiar aspect of the offense or any strange set.  The exact time of the commission of the offense  Known facts about the suspect’s action or movement.  Facts indicating any connection between the suspects, victims and witnesses.  Exact type of weapon, tool or firearm used  Result of the laboratory test 21

COMPILED NOTES IN POLYGRAPHY 

Unpublished facts of the offense known only by the victim, suspects and the investigator of the case.

PHASE II. PRE-TEST INTERVIEW The examiner pre-test interview with the subject prior to the test is considered essential both for the purpose of conditioning the subject for the examination and also to provoke and observe indications of guilt of innocence. The examiner should not hold back any information from the subject about the instrument its attachment or recording. This will serve to increase a lying subject concerned over possible detection. The examiner should be friendly to the subject but reserve during the pre-test interview. No accusatory approach is made in this phase. The subject himself is usually the best source of information about his behavior. The primary purpose of the pre-test interview is to prepare or condition the subject for the test. This phase includes: 1. 2. 3. 4. 5. 6. 7.

The appraisal of the subject’s constitutional rights Obtain subject’s consent to undergo polygraph test by signing statement of consent. The taking of personal data of the subject. Determine his suitability as the subject Clinical observation of the subject. Evaluating the psychological evaluation of the subject. Informing the subject of his involvement of the case investigated.

The type of test that the examiner will conduct is based on the pre-test interview. It also serves to condition the subject physiologically for the test upon meeting the subject for the first time. The polygraph examiner identifies himself and shakes hands with the subject. He then guides the subject to sit on the chair. The examiner will also pulls out a chair and set himself infront of the subject. The examiner then informs the subject of his constitutional rights and proceed to secure the subject’s consent to undergo polygraph examination. Should the subject given his consent, he is told to sign a “statement of consent” in duplicate, then the examiner will ask the subject whether he was already examined by other polygraph examiner for the same case or other separate case. If the answer of the subject is positive, the examiner will about inquire details of the test as to where it was conducted, who conducted the test, the examiner will also ask whether or not the subject was informed of the result of the past test that was conducted if any. (As a matter of professional ethics, a polygraph examiner should not continue the test if the subject was previously examined by any polygraphist for the same case, except, for a worthy cause or reason). After this, the examiner will then obtain information regarding the subject’s biodata for file or reference. Any person who shall be subjected to undergo polygraph examination should be informed of the following rights: 1. 2. 3. 4. 5. 6. 7. 8. 9.

To be examined by a qualified examiner. To be determined if fit for the examination To be informed of the reason for the lie detector test. To have an explanation of the lie detector machine and what it does. To give consent to the subject about the test. Not to be compelled to undergo prolonged questioning. Not to be exposed to oral criticism or abuse. Not to be exposed to physical, mental, psychological abuse, and To refuse to submit to the lie detector test.

PHASE III. THE ACTUAL TEST: THE CONDUCT OF INSTRUMENTATION After the pre-test interview, the examiner will proceed to place the attachment of polygraph components on the subject. In practice, the first to be attached is the pneumograph, followed by the cardiosphymograph and the galvanograph. Review all the questions being prepared with the subject before the actual examination is conducted. The 22

COMPILED NOTES IN POLYGRAPHY examiner should discourage any lengthy comments or statement by the subject respecting the matter of incident under investigation or his disclaimer of responsibility for it. Test instruction is given to the subject. Any movement of the body will have an effect on the results of the chart paper. The answer of the subject is limited to YES or NO in order to avoid distortion of tracing on the chart. PHASE IV. POST TEST INTERVIEW/ INTERROGATION This phase includes all consideration that bears on the examination just after the instrument are turned off. If there are significant fluctuations that show up on the polygraph test result that may signal the subject has been deceptive, especially if the person displayed similar responses to the question that was repeatedly asked, the examiner will then proceed to conduct short interrogation. The purpose of which is to obtain confession or admission. However, if the chart of the polygraph indicates that the subject is innocent, the examiner will just release the subject cordially and thanks him/her for the cooperation shown. Whether you pass or fail a polygraph examination, it will often have very little legal importance. Often, defense lawyers boast that their client has passed a polygraph. Of course, you will rarely hear of a defendant taking a polygraph if he/she failed it. In the next lessons, you will learn on the legalities of polygraph examination and its acceptability as court evidence. Can a person be compelled to undergo lie detector test? In as much as the test requires the subject to answer the question either by YES or NO, it infers the use of intelligence and attention or other mental faculties which is selfincriminatory. Therefore, you cannot compel a person to be subjected to the test. Is there a best time of the day to conduct a polygraph examination? Yes. Since it is important that the person tested be capable of the maximum reactions (for scoring purposes), that person should be well rested prior to the examination. In other words, testing conducted in the morning will be more productive than those examinations conducted in the later in the day and in the evening, these significantly increases the risk of an inconclusive result. The person also should not be tested right after the argument, interrogation or one day or work if possible. Can a person below 18 years of age qualified to be a subject for polygraph examination? Yes, but the examiner must have first the consent of the parents or any guardian of the person below 18. However, most examiners will not test anyone who is less than 12 years of age, except for extraordinary circumstances. Can medication affect the result of the examination? Yes, any drug or medication that suppresses normal activity of the CNS will reduce the strength of reactions found on the polygraph charts, resulting in a higher likelihood of inconclusive result. Examples of drugs are sedatives, anti-anxiety meds, blood pressure stabilizer, etc. The medication will not change the outcome of the examination but it serves to reduce the chances of resolving the problem. Can a pregnant person be tested? Yes, a pregnant person can become a subject of polygraph examination. If the fetus is making excessive movements inside the womb or causing pain to the mother during the test, the test should be stopped or should not begin. Most examiners will not test pregnant woman under any circumstances but others conduct examination to pregnant woman after the first trimester. Some examiners will only test if there is a note from the woman’s physician that there are no complications from the 23

COMPILED NOTES IN POLYGRAPHY pregnancy and the stress of taking a polygraph test would not have an impact on the health of the mother of the fetus. LESSON 9 TEST QUESTIONS: TYPES AND PURPOSES Types of Test Questions 1. Irrelevant Questions – These are questions formulated from information that do not relate to the matter under investigation and deals with a known fact about which the subject cannot lie. Purpose: To establish and re-establish the subject’s normal tracing plus response capability (excitement level) with verbal stimuli. 2. Relevant Questions – are questions formulated from the information pertaining to the subject of the examination and pointed at determining the subject’s knowledge of complicity in, or truthfulness or deception regarding the issue in question. Purpose: To produce a change from the subject’s norm tracing plus excitement level plus stimulus. To detect deception as a result of physiological changes in subject’s norm To resolve objectivity of the polygraph examination via chat probe and further testing on potential reaction that result. Classes: a. Strong or primary relevant – having an intense and specific relationship to the offense or problem being considered. b. Secondary or weak relevant – deals with secondary elements the crime and probe mostly on guilty knowledge and partial involvement.

of

Types: a. Sacrifice or DYAT – designed to uncover the subject’s attitude, cooperation towards the test. DYAT – Do you intend to answer the question truthfully? b. Knowledge or DYK – designed to probe whether the subject’s possess information regarding the identity of the offender, the location of the evidence or other necessary elements of the case facts, DYK – Do You Know? c. Evidence Connecting questions – are questions about some specific piece of evidence found at the scene of the crime, to focus the subject’s attention on the probability of incriminating proof that would establish his guilt. d. LTQ Questions – are questions used for protection against loss of psychological control as approaching the end of the question series. LTQ – Lied to any Questions. 3. Control Questions – are questions regarding a wrongdoing, unrelated but is of similar and less serious nature to the investigation, and to which the subject will lie or if he does not really lie he will think about it at the time it is asked or be unsure of the complete truthfulness of his answer. Purpose: To produce greater stress than offense (relevant) questions in the subject’s responding truthfully to queries about the offense. To evoke less stress than the offense (relevant) questions in deceitful subjects. 4. Guilt Complex Questions – are questions about the fictitious crime which is almost similar in nature and equal in weight to the offense under investigation. 24

COMPILED NOTES IN POLYGRAPHY Purpose: To determine if the subject is a guilt complex reactor with an abnormal mental association. To ascertain if the subject is giving reflected reactions due to knowledge of a complicity in crime with similar situation. To determine if there is deception in answering the relevant questions pertaining to the offense under investigation. 5. Symptomatic Questions – are questions that relates about the subject trust in the examiner regarding confinement to the original issue under investigation. Purpose: To ascertain presence of subject’s hidden fears or apprehension unrelated to the issue. 6. SKY Questions - S = Suspect ex. Do you suspect anyone in particular who committed the offense? K = Know or Knowledge and Y = You. Pupose: To confirm specific response from previous charts taken. To detect indirect/direct involvement or guilty knowledge. A. THREE (3) PHASES OF POLYGRAPH EXAMINATION 1. Pre-Test – is the preparatory stage for polygraph examination. These include all consideration bearing on polygraph examination up to the time of actual activation of the examination. (Pre-Interview, Data Collection, Introduction of the Instruments, Explanation of the Waiver and etc.) 2. Test Execution (Questioning Phase) – the actual questioning to the subject in polygraph examination from the time the instrumental attachment are placed on the subject until the time instrument is deactivated. 3. Post –Test – the consideration that bear polygraph examination from the time the instrument is deactivated following final polygraph examination until the diagnostic opinion is reported and the case is concluded B. TEST PROCEDURE (ACTUAL) 1. Preliminaries – the mere observation made by the examiner to the subject upon his/her arrival until the subjects is brought to the examination room. 2. Pre-Test or Interview – an initial interview made upon the subject before the actual test or polygraph examination is made. 3. Test/Question Preparation – question formulation 4. Attachment – the placement of the instrumental attachment upon the body of the subject for polygraph test. 5. Review of the test question upon the subject. 6. Actual or activation of the instrument, actual questioning and deactivation of the instrument. 7. Diagnosis, reading and chart evaluation and interpretation. 8. Post- Interview. 9. Release of the subject. NOTE: a polygraph tracing can be dissected into four (4) classifications or segment. a. Average Tracing Segment – a segment within a tracing that shows no physiological evidence in the emotional level within the stress area on the polygraph chart – polygrams. (no value) b. Reaction Tracing Segment – a segment within a tracing that shows physiological evidence that the sympathetic subdivision of the autonomic nervous system has become more active indicating a psychological change from the subject’s average emotional level. (with Value) 25

COMPILED NOTES IN POLYGRAPHY c. Relief Tracing Segment – a segment within a tracing that shows physiological evidence that the parasympathetic subdivision of the autonomic nervous system has become active, following the stress area on the polygraph char, indicating a psychological return to the subject’s exhibited average emotional level. (With Value) d. Distortion tracing Segment – a segment within a tracing that departs from the average emotional level but lacks physiological evidence of either sympathetic or parasympathetic activation within the stress area on the polygraph chart, indicating a lack in psychological origin. (Conditional) CHARACTERISTICS OF QUESTIONS TO BE ASKED: 1. 2. 3. 4. 5. 6.

They should be as much as possible answerable by mere “yes” or “no”. The question should be clearly understood. The question may either be shown before the subject. The question must have only single unambiguous meaning. Lengthily question should be avoided. Avoid legal terminology such as rape, murder, embezzlement, because they are sufficiency precise in meaning. 7. It should cover factual information; they should no9t be based on opinion. 8. It must not be in a form of accusation. 9. Question must be clear and phrase in language that the subject can easily understand. 10. They must not contain interference in one’s relation or practical belief.

LESSON 10 TEST TECHNIQUES WITH SOME SAMPLES OF SET OF QUESTIONS TEST I. THE GENERAL QUESTION TEST (GQT) is the test about the case under investigation. These are sequence of relevant, irrelevant and control questions asked in a designed order. The questions are arranged in order to contrast the subject’s responses between relevant questions and control questions. The answer to the questions is restricted to yes or no only. Given below is a sample of GQT. The subject Jerry was suspected to have stolen the P50, 000.00 cash money of Juan Dela Cruz in the office of the latter. The investigators then of the case have requested polygraph examination of said suspect. Applying the several techniques are shown in the preceding pages. Q# 1Q 2Q 3Q

TYPE QUESTION IQ Is your first name Jerry? IQ Do you know that today is Thursday? WRQ Between 1-5 PM of June 10, 2006 did you open the table drawer of Juan Dela Cruz? 4Q IQ Are you married? 5Q SRQ Were you the one who actually stole the missing P50, 000.00 cash money of Juan Dela Cruz? 6Q IQ Before attaining the age of 25 have you ever stolen anything? 7Q SRQ Do you know how to read? 8Q CQ Were the bunch of keys recovered under the table of Dela Cruz yours? 9Q KQ Do you know who stole the P50, 000.00 cash money of Juan Dela Cruz? 10Q SCQ Have you ever stolen anything from your current employment?

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COMPILED NOTES IN POLYGRAPHY TEST II. CARD OR NUMBER TEST (STIMULATION OR VERIFICATION TEST) Upon finishing the first test, here is another part of the test; the examiner will show to the subject seven (7) variously numbered cards, face down. The cards are set in such a way the examiner will right away know which card which has been chosen by the subject. The numbers 7, 11, and 13 should not be used because other subjects are too superstitious and numbers 6 and 9 should not be included to avoid confusion on the part of the subject. The cards with numbers 15, 8, 5, 3, 4, 14, and 12 are used. The subject is given an instruction to get a card, look at it and memorize the number of the card that was chosen and return it without showing or telling the number to the examiner. After the selection is finished, the examiner shuffles the cards and will instruct the subject to answer NO to each question regarding the cards, even if the number of the card he has chosen is asked by the examiner. In short one of the subject’s answers to the questions is a LIE. The verification test is intended to assure the innocent examinee of the accurateness of the test and of the test and of the competency of the polygraphist. It further serves to arouse the guilty examinee. TEST III. SPOT RESPONDER TEST This test contains questions previously asked in the General Question test (GQT). With the same number of the same question on the earlier test, the sequence is shown in the table below. Q# 1Q 3Q

TYPE QUESTION IQ Is your first name Jerry? WRQ Between 1-5 PM of June 10, 2006, did you open the table drawer of Juan Dela Cruz? 2Q IQ Do you know that today is Thursday? 5Q SRQ Were you the one who actually stole the missing P50, 000.00 cash money of Juan Dela Cruz? 4Q IQ Are you married? 6Q CQ Before attaining the age of 25 have you ever stolen anything? 7Q IQ Do you know how to read? 8Q ECQ Were the bunch of keys recovered under the table of Dela Cruz yours? 9Q KQ Do you know who stole the P50, 000.00 cash money of Dela Cruz? 10Q SCQ Have you ever stolen anything from your current employment? TEST IV. MIXED QUESTION TEST This test is the same with test III but questions of GQT is again mixed and the sentences of the questions are as follows: Q# 4Q 1Q 9Q

TYPE QUESTION IQ Are you married? IQ Is your first name Jerry? KQ Do you know who stole the cash money of Juan Dela Cruz? 6Q CQ Before attaining the age of 20 have you stolen anything? 2Q IQ Do you know that today is Thursday? 3Q WRQ Between 1-5 PM of June 10, 2006 did you open the table drawer of Juan Dela Cruz? 10Q SCQ Have you ever stolen anything from your current employment? 5Q SRQ Were you the one who actually stole the missing P50, 000.00 cash money of Juan Dela Cruz? 27

COMPILED NOTES IN POLYGRAPHY 6Q

CQ

8Q

ECQ

10Q CQ

Before attaining the age of 20 have you ever stolen anything? Were the bunch of keys recovered under the table of Juan Dela Cruz yours? Have you ever stolen anything from your current employment?

TEST V. SILENT AMSWER TEST (SAT) In this test, the subject is instructed by the examiner to avoid from giving any verbal answer to the questions asked towards him entire the test. The subject must also be instructed to pay attention to each question and answer the question only to himself, silently. In short, the subject should “sub-vocalize” his/her answers. Two important points was found to be essential in order to achieve the utmost benefits from the test: First, the subject should understand clearly that in this kind of test (SAT) the subject will be asked of the same questions just like on his previous tests and is exactly in the order they were asked before. Secondly, it is significant for the subject to understand that though he is not to answer all test questions silently in his mind with truthful answers only. PURPOSE OF EACH TEST TEST I

The two irrelevant questions are designed to condition the subject to have standard tracing and establish truth-telling pattern for the primary part of the record.

TEST II

To check possible distortion when the selected number is asked.

TEST III

To determine the responsiveness of the subject to critical questions and also serves as a check on possibility of spot respond.

TEST V

To serve as affirmative check THE SUPPLEMENTARY TESTS

In order to have a better conclusion, supplementary tests may be conducted or incorporated as part of the standard procedure as special test depending upon the result of the standard test conducted. 1. YES TEST is conducted when there are distortions arose on the general question test (GQT), card or third test, the yes test should be administered before the mixed question test. The YES TEST is performed by giving instruction to the subject to answer yes to all the questions to be asked including those questions that pertains to the issue under investigation. The control question is removed as a preventive measure for the subject to avoid from being concerned over the control questions and having a temptation to distort the polygraph record. 2. GUILT COMPLEX TEST is conducted when the respond to the previous questions are doubtful. This consist of a test concerning fabricated incident of a similar nature but one which appears to be real is so far as the subject is concerned. The purpose of this test is to compare the responses with those that emerge on the actual test record when questions were asked about the issue under investigation. 3. PEAK OF TENSION TEST is applicable when the subject was not informed by the investigator or any other person or the print media of all the vital facts of the offense in question. The investigator prepares seven (7) questions in which one of them has a specific bearing on the case under investigation. The specific question must refer to several facts of the event that the subject doesn’t know.

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COMPILED NOTES IN POLYGRAPHY Example:

1Q -Introductory phrase plus padding question – Do you know whether the stolen watch of Jenny is a Citizen? 2Q - Padding – Is it a Seiko? 3Q - Padding – Is it a Rolex? 4Q - Padding – Is it a Guess? 5Q - Padding – Is it a Gucci? 6Q - Padding – Is it a Timex? 7Q - Padding – Is it a Bulova?

4. THE ZONE COMPARISON TECHNIQUE (ZCT) is one of the techniques in polygraph examination developed by Cleve Backster. It has sub-techniques to include the following: 1. Backster Tri-Zone Comparison Technique (BTZCT) is usually used for polygraph interrogation regarding single issue; particularly used in criminal investigation. 2. Matte Quadri-Track Comparison Technique (MQZCT) was developed by Prof. James Allan Matte in 1977 after 2 years of research and experimentation with facetious (teasing) crime test used in conjunction with actual test in real life circumstances; employed to deal with an innocent subject’ fear of error and the guilty subject’s hope of error. 3. Bi-Spot Zone Comparison Technique (BZCT) was developed by the DoDPI also known as BiZone Comparison Test. 4. Integrated Zone Comparison Technique (IZCT) was developed in 1987 by Nathan J. Gordon, William W. Waid and Philip M. Cocheti; most significant deviation from the original ZCT of Cleve Backster. 5. The Utah Zone Comparison Technique (UZCT) is the improved version of BZCT. Some trditinal polygraph examiners still use and they ususlally administer it in this manner: a. Chart I: b. Chart II: c. Chart III: d. Chart IV:

ZCT without SKY Card or Number Test (Stimulation Test) ZCT without SKY ZCT without SKY LESSON 11 CHART MARKING

Chart marking is the process of writing standard and customized signs on the polygraph chart to denote the subject’s reactions and other circumstances that occur during the actual polygraph test. Marking the paper chart while the polygraph pens are writing on it will facilitate the evaluation and interpretation of the subject’s reactions. Chart marking is a procedure that plays a vital role. Neglecting the appropriate chart marking procedure for a couple of seconds may cause misinterpretations later on that further result to tragic consequences. Simply failing to punctually write the stimulus marks on the paper chart that will cause misinterpretation of the polygram. Stimulus marks are short vertical lines (normally about 1/8 of an inch) placed below the descending stroke of the cardio tracing denoting exactly the beginning and at the end of the stimulus question. Polygram refers to the compete record of the pneumograph, cardiograph and galvanograph tracings from the moment the actual questioning of the subject starts until it ends. It contains the tracings (norm and deviation from norm), stimulus marks and symbols skillfully written by the polygraph examiner while asking questions to a subject. It was Cleve Backster who developed and introduced uniform chart marking. In 1959, he completed a 4-page article entitle “Uniform Chart Marking” which was published by CH Stoelting Company. Standardized chart markings used by the PE/FP in conducting a 29

COMPILED NOTES IN POLYGRAPHY polygraph examination enable the reconstruction of the test conditions for subsequent independent review and analysis. The following chart markings are uniformly used by FP during polygraph examination: SYMBO L X XX I + --T-T TI C M MI

CT OSN S

USE/ DESCRIPTION Beginning point of the test Ending point of the test (Stimulus mark) beginning and ending point of a stimulus question indicates YES or affirmative answer of the subject indicates NO or negative answer of the subject Talking made by the subject other than the normal “Yes or No” Talking instruction is given by the PE Coughing made by the subject Movement of the subject limb or body Movement instruction given by the PE Increasing mechanical adjustment Decreasing mechanical adjustment Subject cleared his throat Outside noise penetrated the polygraph examination room The subject made a sigh

SN

The subject sniffed

SZ

The subject sneezed

B

The subject burped or belched The subject laughed

L Y VC IM ARM BI R PJ

The subject made a yawn Voice change while answering question The subject made an involuntary movement Movement of arm due to extraneous factors usually caused by BPC discomfort The examiner gave a breathing instruction The subject requested for repetition of question Paper jam occurred during the test

WHERE IT IS PLACED Below the c/tracing -do -do -do -do -do -do Below p/tracing where break is present Exactly above/ below break in the tracing Below the c/tracing Adjacent to pattern where adjustment is made -do Usually placed below the p/tracing Below g or p/tracing where deviation is present At the break point of p/tracing Below the p/tracing where sniff was noted Below p/tracing at the point where it happened Below the p/tracing where it coccured Below break point of p/tracing Below pneumo tracing At the break point of the cardio tracing -do Below the cardio tracing Below the cardio tracing Below the cardio tracing Below the cardio tracing

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COMPILED NOTES IN POLYGRAPHY Other markings written on the paper chart which are necessary for identification and filing purposes. Take note that after the actual test, the subject is required to put his signature along the 3 (or 4) tracings on the Polygram for purposes of positive identification (ID). Specifically, the markings are written above the pneumo tracing near the beginning of the paper chart, are the following: 1. 2. 3. 4.

Subject’s name and position of rank date and time of the actual test Test / Chart number Examiner’s name of initials

LESSON 12 LEGAL AND JUDICIAL VALUE OF THE POLYGRAPH RESULTS IN GENERAL Although perfection in the test is not a pre-requisite to the admissibility of evidence obtainable by the use of scientific instrument or techniques, the standard practice has been to grant judicial recognition only after the proponents of the unprecedented evidence have shown that the instrument of technique has a reasonable measure of precision in its indications, and that it is an accepted one in particular profession or field of science to which it belongs. A more modern view will accord judicial recognition upon the general acceptance by specialist within a profession or field of science, even though the group as a whole may be completely unfamiliar with the instrument or technique. Irrespective of the guidelines of admissibility, the prevailing judicial attitude, as of January 1977, was one of a general unwillingness on the part of the Appellate Courts to approve the admissibility of Polygraph Test Result as trial court evidence. Exceptions however, have been made by a number of State Appellate Courts whereby the test results may be used pursuant to a pre-test agreement and stipulation between the opposing parties. Moreover, One State Supreme Court has held the results to be admissible where subject to certain condition, the defendant request a polygraph examination and agrees to permit the results to be used even though they may be unfavorable to him; an another Supreme Court has held that a defendant is entitled, as a matter of constitutional “Due Process”, to have the test results admitted as evidence, provided proof is forthcoming as to test reliability and the examiner competency. UNITED STATES OF AMERICA (USA) In 1972, in the case of Reid vs. State, the Indiana Supreme Court sustained the admissibility of Polygraph Test Results for the purpose of rebutting the defendant’s testimony, but it did so upon the basis of a “waiver” concept, because the defendant’s testimony had filed a pre-trial petition for an order permitting him to submit to a polygraph examination. Judge Charles W. Jeiner of the District Court of Michigan admits or sustained the admissibility of the Polygraph Results as evidence in the case on the “United States vs. Ridling”. He also stated that in order that the Polygraph Results may be admitted as an evidence, it must passed thereof the two essential requisites/grounds; a. if a subject agrees to take a Polygraph Test after being aware of his privilege to refuse (following the Miranda warnings, where required), he waives his privilege. B. There can be no coercion at the time the Test is taken if it is to be a valid test. In USA, they have specific laws that provide sanctions regarding the use of polygraph method. The most significant law is the Employee Polygraph Protection Act (EPPA) of 1988. This law prohibits most private employers from using polygraph testing to screen applicants for employment. It does not however affect public employees such as police agencies or other governmental institutions.

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COMPILED NOTES IN POLYGRAPHY Every court jurisdiction in USA must be checked to determine admissibility standards of polygraph examination result. Some courts allow the introduction of polygraph evidence while other courts have not. In most cases, polygraph evidence is used during pre-trial investigation and preparations rather than during the actual trial. In criminal cases, the history regarding the use of polygraph goes way back in 1932 during the investigation of the Lindbergh Kidnapping Case. At the US Federal level, there have been specific legal cases that have shaped the admissibility of results of polygraph examination. The results of these cases are mixedthere have been some federal circuits that have admitted polygraph results, while others have flatly denied them. Here are just a few of the legal cases that have shaped how polygraphs are viewed by the US Courts: 1. 2. 3. 4.

Frye v. United States (1923) United Sates v. Piccinona (1989) Daubert v. Merrell Dow Pharmaceuticals (1993) United States v. Scheffer (1998)

Few representative cases involving admissibility of polygraph examination result in USA are listed below distributed in some states: 1. Arizona - State v. Mendez 2. California - People v. Espinoza 3. Delaware - Foraker v. State 4. Hawaii - State v. Okumura 5. Indiana - Sanchez v. State 6. Kansas - State v. Wakefield 7. North Carolina - State v. Fleming 8. Ohio - State v. Hesson 9. Texas - Perkins v. State 10. Federal Courts:- US v Pasado - US v. Thomas - US v. Piccinonna - US v. Galbreth PHILIPPINES In the Philippines, no law has been enacted yet to officially permit or limit the use of polygraph machines. Nor is there any proposed bill regarding polygraph examination that is already filed at the congress, Hopefully, a law similar to EPPA of 1988 of USA will proposed here in our country for the future. In the Philippines, in People of the Philippines Vs. Amado Daniel alias “Amado Ato” accused-appellant (86 SCRA 511-541), the Supreme Court quoted that; “The efficacy of the Polygraph depends upon the time, place and the circumstances when taken and the nature of the Subject”. Other criminal cases in the Philippines that involve the use of polygraph examination results are the following: 1. People of the Philippines vs. Amado Daniel alias Amado Ato (Supreme Court Reports Annotated (SCRA). Vol 86, pp. 511-541. (Rape) 2. People of the Philippines vs. Danilo J. Bajas (Criminal Case No. 92-7817 at the RTC of Makati Branch 146 MM). (Illegal Possession of Firearm). 3. Judith Asilo vs. Melanio M. Sporas; Virginia L. Sporas and Elena Falzon. (Criminal Case No. 94-6985 at the RTC of Makati Branch 146 MM) (Estafa) Civil cases involving results of polygraph examination are included in the following civil cases:

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COMPILED NOTES IN POLYGRAPHY 1. Crisencia Isaguirre vs. Elvira Isaguirre, et. al. (Civil case No. 58092 filed in the RTC of Pasig Branch 162 MM) 2. Jesusa Reyes and Conrado B. Reyes vs. Bank of the Philippine Islands (BPI). (Criminal case No. 91-3453 in the RTC of Pasig Branch 142 MM) As of this time, results of polygraph examination are not admissible in the Philippine Courts. There are three (3) basic arguments/ reasons why at this stage result of polygraph examination is not yet admissible as evidence: 1. Polygraph polygraph 2. Polygraph 3. Polygraph

examination is not yet standardized as to the qualifications of the examiner. examination is not yet standardized as to testing procedure. is not yet standardized as to instrumentation.

Asides from this case, there are several cases I our country both civil and criminal cases where the results of the Polygraph Test were taken into accounts or considerations. The Basic law that provides legal sanctions covering criminal confessin is found in the 1987 Constitutional provision was further emphasized in other subsequent sections. RA No. 7438, otherwise known as the law that defines the rights of the accuse under custodial investigation must have to be observed during criminal interrogation as part f the Miranda Doctrine/Warning.

REFERENCES Dalilis, H.T., Pagnas, D.P. & Curugan, M.B., (2003) Handbook on Polygraphy: The Basics. Baguio City: J.C. Palabay Enterprises, Inc. King-eo, Chester (2006). Introduction to Specific Lie Detection. Unpublished notes from the University of the Cordilleras: Baguio City Tradio, C.M. (1997) A Compendium on Criminalistics. Manila: Central Law Bookstore Co., Inc. Curugan, Rosemarie, et al., (2002). Handout on Polygraphy. Unpublished notes of University of Baguio: Baguio City. Solis, Pedro P., (1987) Legal Medicine. Quezon City:Garcia Publishing Corporation Mitchell, M.P., (2002). Notes on Lie Detection. Unpublished notes of PLT College: Bayombong, Nueva Vizcaya. Valdez, Gaudencio., (1998) Notes in Lie Detection. Unpublished notes of University of Baguio, Baguio City. Llamas (2002) How to catch a Liar. Manila. Rex Books Store Trovillo (1939) The Truth Verifier. Quezon City: ABC Publishing Company. http:www.pinn.net/-sunshine/main html http://www.truthverifier.com.html http://wwwpolytest.org/polyfaq.htm http://www.polygraphplace.com/docs/information.shtml?results Microsoft Encarta Reference Library 2002. 1993-2001 Microsoft Corporation 33